S T A T E O F N E W Y O R K
________________________________________________________________________
1880
2011-2012 Regular Sessions
I N A S S E M B L Y
January 12, 2011
___________
Introduced by M. of A. McENENY, JACOBS, GLICK, CLARK -- Multi-Sponsored
by -- M. of A. ABBATE, CAHILL, GOTTFRIED, MARKEY, PRETLOW, WEISENBERG
-- read once and referred to the Committee on Education
AN ACT to amend the education law, in relation to eligibility to estab-
lish a charter school
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 2851 of the education law, as
amended by chapter 101 of the laws of 2010, is amended to read as
follows:
1. An application to establish a charter school may be submitted by
teachers, parents, school administrators, community residents or any
combination thereof. Such application may be filed in conjunction with
a college, university, museum, educational institution, OR not-for-pro-
fit corporation exempt from taxation under paragraph 3 of subsection (c)
of section 501 of the internal revenue code [or for-profit business or
corporate entity authorized to do business in New York state. Provided
however, for-profit]. FOR-PROFIT business or corporate entities shall
not be eligible to submit an application to establish a charter school
pursuant to subdivision nine-a of section twenty-eight hundred fifty-two
of this article, or operate or manage a charter school for a charter
issued pursuant to subdivision nine-a of section twenty-eight hundred
fifty-two of this article AND UNDER NO CIRCUMSTANCES SHALL AN APPLICA-
TION TO ESTABLISH A CHARTER SCHOOL OR APPROVAL TO OPERATE A CHARTER
SCHOOL BE GRANTED TO A FOR-PROFIT BUSINESS OR CORPORATE ENTITY AUTHOR-
IZED TO DO BUSINESS IN THIS STATE. [For charter schools established in
conjunction with a for-profit business or corporate entity, the charter
shall specify the extent of the entity's participation in the management
and operation of the school.]
S 2. This act shall take effect immediately, and shall apply to all
applications to establish a charter school pending or submitted prior to
such effective date and still pending as well as to all applications
submitted on or after the effective date of this act.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01793-01-1